Opinion
2:22-cv-01022-HL
02-16-2023
JOSIAH TUTTLE, Plaintiff, v. SAINT ALPHONSUS MEDICAL CENTER, Defendant.
FINDINGS AND RECOMMENDATION
ANDREW HALLMAN, United States Magistrate Judge.
FINDINGS AND RECOMMENDATION
Over three months ago, this Court Ordered “Plaintiff show cause within 30 days of [November 8, 2022,] why this case should not be dismissed for failure to provide the Marshal with sufficient information to complete service.” ECF 8. To date, Plaintiff still has not provided sufficient service information. Additionally, during a separate proceeding in Tuttle v. Ontario Police Department, Case No. 22-cv-1023, ECF 22, Plaintiff informed the Court that he does not intend to proceed with this case. Accordingly, this Court recommends this case be DISMISSED without prejudice. See Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994), overruled on other grounds by Sandin v. Connor, 515 U.S. 472, 31 (1995) (in forma pauperis action may be dismissed where the plaintiff cannot demonstrate that he provided the Marshal with sufficient information to effectuate service).
SCHEDULING ORDER
The Findings and Recommendation will be referred to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date.
A party's failure to timely file objections to any of these findings will be considered a waiver of that party's right to de novo consideration of the factual issues addressed herein and will constitute a waiver of the party's right to review of the findings of fact in any order or judgment entered by a district judge. These Findings and Recommendation are not immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of judgment.